Procedures For Trials By Military Commissions Of Certain Non-United States Citizens In The War Against Terrorism: Annotated Guide

In the aftermath of the September 11, 2001 attacks on the World Trade Center ...
Publisher: Matthew Bender
Print Book :1 Volume, soft bound, 144 pages
$52.00
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ISBN: 9780820556345
Publisher: Matthew Bender
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In the aftermath of the September 11, 2001 attacks on the World Trade Center and the Pentagon, military commissions were designated to try non-citizens accused of involvement in terrorism. These commissions have not been employed by the United States since the aftermath of World War II, and knowledge as to procedures before such commissions is limited. This annotated guide, prepared by the National Institute of Military Justice, contains the text of the procedures, with analysis and discussion by experts in the field. A glossary and bibliography are included, along with a tabular comparison of military commissions and other criminal proceedings.

Because there is no public rulemaking docket, and because no official section-by-section analysis has thus far been made available, the policy and legal choices underlying the Procedures for Trials By the Military Commissions can be gleaned only from informal sources such as the March 21, 2002 press briefing and earlier leaks. This Annotated Guide attempts to fill that gap. Following each section of the Procedures for Trials By the Military Commissions is a discussion of the background, policy, and implementation of each section.

Table of Contents

Introduction 
1. Purpose
2. Establishment of Military Commissions
3. Jurisdiction
4. Commission Personnel
5. Procedures Accorded the Accused
6. Conduct of the Trial
7. Regulations
8. Authority
9. Protection of State Secrets
10. Other
11. Amendment
12. Delegation
13. Effective Date - Military Order of November 13, 2001, 66 Fed. Reg. 57,833 (Nov. 16, 2001)
' 1. Findings
' 2. Definition and Policy
' 3. Detention Authority of the Secretary of Defense
' 4. Authority of the Secretary of Defense Regarding Trials of Individuals Subject to this Order
' 5. Obligation of Other Agencies to Assist the Secretary of Defense
' 6. Additional Authorities of the Secretary of Defense
' 7. Relationship to Other Laws and Forums
' 8. Publication
Provisions of the Uniform Code of Military Justice
Article 21. Jurisdiction of courts-martial not exclusive
Article 36. President may prescribe rules
Article 37. Unlawfully influencing action of court
Article 48. Contempts
Article 104. Aiding the enemy
Article 106. Spies
Provisions of the Manual for Courts-Martial
1. Sources of military jurisdiction
2. Exercise of military jurisdiction
R.C.M. 201(g). Concurrent jurisdiction of other military tribunals
Abbreviations
Contributors
Selected Bibliography
Table of Citations
Index